Allen v. Mittemier et al

Filing 13

ORDER ADOPTING 4 Report and Recommendations; therefore, this case is dismissed without prejudice; dismissal of this action constitutes a "STRIKE"; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 8/20/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JUSTIN E. ALLEN, ADC #551718 V. PLAINTIFF 4:12CV00390 SWW/JTR ADAM MITTEMIER, Officer; and SETH FERGUSON, Officer, Faulkner County Detention Center DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED THAT: 1. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, this case is DISMISSED, WITHOUT PREJUDICE, for failing to state a claim on which relief may be granted. 2. § 1915(g). Dismissal of this action constitutes a “STRIKE,” as defined by 28 U.S.C. 3. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Dated this 20th day of August 2012. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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